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Home My WebLink About0000 WHISTLEBERRY SUBDIVISION 14 - k TROY WALL ASSOCIATES WATTORNEYS AND COUNSELLORS AT LAW 90 ROUTE 6A SANDWICH, MASSACHUSETTS 0256 -1866 ROBERT S. TROY rst®troywallassociates.com C> BRIAN J. WALL bjwptroywallassociates.com y Au ust 17, 2015 rn Stephen Helman, Chairman Planning Board Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Whistlebe:rry Subdivision M rstons Mills Dear Chairman Helman: This serves to set forth. the Whis leberry Residents Association's ("WRA") comments :regarding _the Developer, Priscilla Hostetter's, efforts to complete all the required work in the Whiistleberry Subdivision this calendar year. I. Plans Currently Under Peer Review. After the Planning Board's meeting on June 22, 2015, the Developer submitted several plans depicting proposed work to address some of the items in the Development Agreement. As of this writing, the plans re being peer reviewed by Horsley Witten Group in Sandwich. WRA retained Cape & Islands Engineering ("Cl") to review the plans for work on Whistleberry Drive and Waters Edge and to provide a report. A copy of the report is enclosed. Cl concluded that the proposed s reet drainage improvements will provide a basic design for optimal conditions but the Gesign does not take into account the amount of runoff bypass that is occurring at the exi ting catch basins that are located on-grade. These catch basins are on-grade catch basin on Waters Edge and on-grade catch basins at the southerly uphill portion of Whistleberr . Cl recommends that the Stormwater study area should be:expanded to include the contributing areas upstream of the on-grade catch basins in order..to.properly size the drainage facilities at the intersection (proposed galleys 2P and 3P). Cl also recommends that all paved swales should be replaced with properly PHONE: (508) 888-5700 I FACSIMILE: (508) 888-5701 f August 17, 2015 Page 2 designed leaching basins in accordance witt the Town's requirements. An existing catch basin at the bottom of the hill on the southerly portion and easterly side of Whistleberry, which has an outlet pipe that drains directly to lot 45 is not mentioned in the report and should be addressed. CI further suggests th t any additional review of the project by the Town's peer review consultant should include a site visit in order to determine the extent of the necessary improvements. The original subdivision plan approved by the Town of Barnstable, dated February 1981, should al o be reviewed as there is evidence that the intersection was not installed in compliance with the approved plans. WRA requests that the Planning Board review the CI report and take its findings and recommendations into account when reviewing and acting upon the Developer's proposed plans. II. Berry Hollow Derive At the Planning :Board's meeting on June 22, 2015, the Developer asserted that Berry Hollow Drive could remain in its cur ent location and did not have to be relocated to the layout on the approved Subdivision Plans. We have requested the Developer to provide us with the documents that support this position. In response, we informed that the Developer is relying upon the Developer Agreement. WRA has reviewed the provisions o the Development Agreement that pertain to Berry Hollow Drive and WRA does not agree with the Developer's position. The relevant provisions of the Development Agreement are: • Paragraph #3 requires the repair oft o sections of pavement totaling about 60 feet by 13 feet on Berry Hollow Drive "in the vicinity of stations 9+00 and 10+50." • Paragraph#4 requires regrading at stations 4+37 and 8+00. • Paragraph #5 requires installation of road bounds in accordance with the Subdivision Regulations. • Paragraph #6 requires submission of s-built plans for Berry Hollow Drive. WRA contends that the Development Agreement does not authorize Berry Hollow Drive to be constructed in a location different than the approved location. Such a change to the approved plans would require a modification of the Subdivision Plan. The Planning Board has the authority to grant modifications to approved subdivision plans under M.G.L. c. 41, § 81 W. But this proce s requires the Board to hold a public hearing with notice, including advertisement in the paper and to all owners of land abutting upon the land included in the subject plan, before exercising the power to modify a subdivision plan. WRA is not aware; that such notice was given or such a hearing was held. August 17, 2015 Page 3 Further, M.G.L. c. 41, § 81 W provides that no modification of a plan "shall affect the lots of such subdivision which have be n sold or mortgaged in good faith and for a valuable consideration subsequent to approval of the plan, or any rights appurtenant thereto, without the consent of the owner of such lots and the holder of the mortgage or mortgages, if any, thereon." The right to rive on Berry Hollow Drive is a right that is appurtenant to the lots on Berry Hollow Dive and the modification of the layout of the road would alter this right. Consequently, such a modification would require the consent of the owners of the lots. It is WRA's anderstanding that such consent was never requested or granted. Thus, if the Developer requests the P anning Board to allow Berry Hollow Road to be formally relocated from the approved 1 yout to where the road currently physically exists, then the Developer must seek a m dification of the Subdivision Plan and give notice as required by the Subdivision Cont of Law and secure the consent of the owners and the mortgage holders of the lots on Berry Hollow Drive. III. Compreherrsive List/Submitt Is. WRA was informed that the Devel per has agreed to prepare a spreadsheet that contains all the items that the Planning Board determined must be addressed in order to satisfy the Development Agreement and to share it will all interested parties. Now that the Developer is moving forward and addressing the items, it is important that all interested parties — the Developer, the Planning Board and WRA — be able to refer to the same list in order to be able to clearly and effectively communicate about the work and so as to be able to monitor the Developer's pr gress and insure that all items are addressed and that each item is addressed satisfactorily. Consequently, WRA requests that the Developer be required to submit the spreadsheet to the Planning Board as soon as possible so that the works can be effectively Monitored. WRA is not aware of any plans b ing submitted by the Developer's engineer regarding relocating Whistleberry Drive int.) the approved layout at Lot # 7 as mentioned by the Developer at the June 22, 2015 Planning Board meeting. IV. Inspections. WRA has concerns with the Dev loper's work being adequately monitored. Pursuant to Section 5(A) of the 1973 Subdivision Regulations, the Developer is required to keep the Town's Engineer informed oft e progress of the work and to provide access to the work for members of the Planning Board or the Town's Engineer to inspect the I August 17, 2015 Page 4 work. Steven Seymour was the person w o was monitoring the work on behalf of the Town. Since Mr. Seymour has retired and the Town has not yet hired anyone to fill his position, WRA is concerned that the nece sary inspections are going to be adequately performed. This concern is heightened by the fact that the Developer recently installed a catch basis on the Water's Edge cul-de-sac. WRA is not aware of any plan depicting the catch basin, nor of any inspections of the catch basin. Moreover, the work is not complete. A photograph showing this is enclosed. Thank you for your consideration. Very truly yours, Brian J. Wall Enclosures Cc: Tom McKeown, WRA Ruth Weil, Esq. Charlie McLaughlin, Esq. Joanne Buntich, Growth Management Art Trazyk, Design/Regulatory Review Planner Thomas Perry, Building Commissioner Michael F. Schulz, Esq. •w M TROY WALL ASSOCIATES ATTORNEYS AND COUNSELLORS AT LAW 90 ROUTE 6A SANDWICH, MASSACHUSETTS 02563-1866 ROBERT S. TROY rstptroywallassociates.com BRIAN J. WALL bjwptroywallassociates.com : 01 7C7 June 22, 2015 :? Paul Curley, Chairman Planning Board Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Whistleberry Subdivision, Marstons Mills Dear Chairman Curley: This serves to set forth the Whistleberry Residents Association's ("WRA") comments regarding the progress report submitted by the Developer, Priscilla Hostetter, on June 17, 2015: 1. At the Planning Board's meeting on May 11, 2015, the Planning Board directed the Developer to submit a schedule that would result in completion of all required work this year. The Developer has submitted her engineer's (Atlantic Engineering) proposed schedule dated 5/11/15. In addition, we just received copies of Atlantic Engineering plans and reports on Friday 6/19/15 and are in the process of reviewing them. (We note that Item #t 4 on the Atlantic Engineering proposed schedule (pavement core samples and inspection) doesn't appear in the reports). 2. The Developer also submitted a progress report on 6/17/15. This report is difficult to evaluate because it does not address the items in order and jumps around from item to item. Further, the progress report does clearly indicate whether or not the Developer has completely addressed a particular item. WRA respectfully suggests that the Planning Board issue an "official list" of all the work that must be completed in order for the Development Agreement to be satisfied so that all interested parties can work from the same list. The Planning Board approved a composite list at its October 27, 2014 meeting. The minutes of that meeting could be used to develop an official list. The Developer should then be required to address each item on the official list as to scheduling, progress and completion. PHONE: (508) 888-5700 • FACSIMILE: (508) 888-5701 June 22, 2015 Page 2 3. WRA has concerns regarding the Town's outsourcing of the review of the Developer's plans. Until now, the Town's Engineering Department (mainly Steven Seymour) has been responsible for reviewing the Developer's plans and for inspecting the work. WRA seeks to know how the Town intends to manage this process going forward and seeks to know whether it will have access to the engineer and/or whether the engineer's documents and communications will be public records. 4. The Atlantic Engineering schedule and the progress report do not mention the requirement that the Town Engineer be notified in advance of any work being performed and that the work will be observed and inspected by the Town Engineering Department. 5. The Developer's progress report omits mention of several items that the Planning Board determined to be :included within the scope of the Development Agreement, including, but not limited to, the following: a. The test holes regarding the pavement around the storm drains at Lots 15 and 24 and the pavement in front of Lot 17. b. The cleaning out of asphalt from seven (7) catch basins listed in Kee Enterprises report. c. Although the Developer asserts that item #4 of the Development Agreement is complete, this item should be further addressed as the section of Berry Hollow Road at issue is not currently in the legal layout and the permits referred to in the progress report relate to land that the Developer does not own. d. One item was not mentioned by Mr. Seymour but was on his list in 2011 when Adair Hostetter was before the Planning Board: the drainage problem at the end of Waters Edge cul-de-sac. Bill Weller of Weller Associates, who was working with the Hostetters at that time, submitted plans for proposed drainage solutions for Lots 45 and 47 along with a sketch (see attached) to add an additional drain to correct the drainage next to the island on Waters Edge cul-de-sac. L June 22, 2015 Page 3 e. Although the :Developer sent correspondence to Eversource on June 17, 2015 noting that the electrical equipment on Berry Hollow Drive is purportedly. owned by Eversource, the Developer has not provided the "written affirmation" from Eversource that is required by the Development Agreement (Item #8) confirming that Eversource has accepted the equipment and will be maintaining the equipment. Thank you for your consideration. Very truly yours, 1 C vV� Brian J. all Enclosure Cc: Tom McKeown, WRA Charlie McLaughlin, Esq. Joanne Buntich, Growth Management Art Trazyk, Design/Regulatory Review Planner Thomas Perry, Building Commissioner Michael F. Schulz, Esq. l �� . . i . . � � .. � - ,. �.r-�:;ate v�:+..�T' Xis riw.�:�� •�' . . c��9v�.��T i � � �� -.�.� .. � � � � �e � x . � i :` � ` �s!a. : . �. � �_ 1 .�a � � � � � � � I 2i� I TIDY WALL ASSOCIATES ATTORNEYS AND COUNSELLORS AT LAW TOWN OF BARNSTABLE 90 ROUTE 6A • SANDWICH, MASSACHUSETTS 02563-1866 ROBERT S. TROY rst@troywallassociates.com BRIAN J. WALL bjw@troywallassociates.com DIVISION January 9, 2015 Paul Curley, Chairman Planning Board Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Whistleberry Subdivision, Marstons Mills, MA Dear Chairman Curley: ::c, liri.lt 'i,•' M C: .,. < .��.` i i. .;�.."tea '1 ' s,...:i :TlAfter a lengthy, discussion at the Planning Boards meeting on October 27; 2014, the rPlaniling;BBoard-made a determination on a specific list of items that the developer must complete in order to comply with the 2002 Development Agreement. Thereafter, the Planning Board requested the developer to prepare a proposed schedule for the expeditious completion of the items and to submit the proposed schedule by the Planning Board's hearing on January 12, 2015. In anticipation of the proposed schedule being submitted in a timely manner, the Whistleberry Residents Association ("WRA") respectfully requests the Planning Board to . put the matter of the proposed schedule on the agenda for discussion at the Board's next meeting on January 26, 2015. Further, WRA suggests that the Planning Board require the developer to appear at the January 26, 2015 meeting with the registered engineer who will be responsible for oversight of the implementation of the work so that there can be a meaningful and detailed discussion of the schedule and the timeline of when the necessary plans will be completed and when the necessary permits will be applied for and when a meeting with the Town Engineer will occur. I- c The,list of unfinished work at Whistleberry is significant. WRA requests that the Planning,Board to,carefully review the developer's proposed schedule at its next meeting and make a determination on its.suitability as soon as possible so that the developer will commence work when the construction season begins this coming Spring. PHONE: (508) 888-5700 FACSIMILE: (508) 888-5701 January 9, 2015 Page 2 Thank you for your consideration. Very truly yours, Brian J. Wall Cc: Tom McKeown, WRY Ruth Weil, Esq. Joanne Buntich, Growth Management Art Trazyk, Design/Regulatory Review Planner Thomas Perry, Building Commissioner Michael F. Schulz, Esq. I -u�l�nou/,�- - — , �� 8�� s err 17 To: The Town of Barnstable 8/14/07 Planning Board 200 Main St. Hyannis, MA. 02601 Re:Whistleberry Subdivision Dear Sir: We are writing to update you of Mr. Hostetter's progress(or lack of) on the Whistleberry Subdivision. Mr. Hostetter is currently in process of installing the water to Berry Hollow Dr.. This is not the only item on the Town of Barnstable list of what must be completed before any of the remain (4) lots under covenant by the Town can be released. We have not heard anything from Mr. Hostetter in years reagrding his intentions to correct the items remaining on,his list from the Town Engineer. Mr..Hostetter does have the lots listed for sale with a Real Estate Broker currently. t �. We would like it to be restated to Mr. Hostetter•that until the list provided by the Town Engineer is completed to the Town of Bamstable's specifications that no lot can be sold or built on. We appreciate,your consideration in this matter and thank you in advance for your time. Sincerely, Thomas J. McKeown Whistleberry Residents Association Committee Member (508)428-7462 cc: Building Inspector Health Department �-—110/s ��Iq Engineering Department •0/�jv s on laflz W H I S T L E B E R R Y RESIDENT ASSOCIATION INC . P. O. BOX 850 MARSTONS MILLS MASS. 02648 V�lll "' ✓ l yYId December 15, 1980 N. t, a 'A regular meeting of the Barnstable Planning Board was held this date in the Planning Board Office, Town Office Building, Hyannis Ma. :Members in attendance: Vice-chairman, Mary Anne Grafton-Rodgers { Clerk, Robert Brown Edward Murphy John Rosario James Wilson Members absent: Chairman, Mary Ann Strayer (i11 ) a' s Charles Lockhart _, . Others_present: Terry Ryder, Engineer Bernice Latham, Secretary Janet White, Secretary 7:40 P.M. PUBLIC HEARING —Subdivision #456 - Cape Cod Church of Christ -the hearing notice was read by Mrs. Grafton-Rodgers. - Mr. Richard Baxter, Surveyor was present for the plan. ' He stated that all four lots complied with the zoning of 10,000 square feet. One lot has a building on it. The paved driveways for Lots _1 , 2 & 3 will be serviced off a common driveway off Wharton Arms Circle. Lot 5 is not to be considered a building .lot. Wharton Arms Circle has a negative pitch from Sea Streetand will have natural drainage. They are asking a waiver of the pavement requirement. Mrs. Grafton-Rodgers read the Board of Health. report dated December 4, 1980 requiring town water; septic system on each lot and connect to Town sewer when available. Mr. Ryder stated he had reviewed Wharton Arms Circle and it had been pitched away from Sea Street, 'so there would be no drainage onto Sea Street. The petitioner requested a waiver of the paving requirements. The Board questioned what type of driveway was anticipated. Mr. Baxter stated they would put in a gravel based road. He agreed to submit a profile to the Board, so they may make a judgement on the waiver request. Mr: Baxter answered a query about the type of gravel that was to be used, that they planned to use the standard hardening required by the Town, but that they could place some stone in there. The road may be paved in the future, according to Mr. Baxter. Mr. Wilson moved to approve this subdivision plan, and in so doing #aive the 50 foot width-of-layout requirement to 40 feet; as it being in the best interest to not require the 50 feet in this area; as it would be an overburdening of the land and would significantly -be a detriment to the area. -It was voted unanimously. I 0 P.M. PUBLIC.'HEARING - -Subdivision #454. Whistleberry ":Dan,Hostetter ..z.'—•--:..4 Eta �..3i .::1'...r. _. a.. ... � ir. Deane Lawrence, Landscape Designer and Ms. Greta Bohannon, Land Surveyor were )resent for this plan; Mr. Dan Hostetter arrived at 8 P.M. also Attorney Steven Jones was present for the plan. There were approximately 25 abuttors or parties in interest present in the room for this hearing. ar. Lawrence explained his relief model of the topography of the subdivision and how the road network was designed to fall in the low area to alleviate the need for a treat deal of cutting and filling to comply with the proper slopes to the grade of the road. The greatest slope that will be created will be 7%. Mr. Roscrrio arrived 7:55 P.M. there are a few groups of panhandled lots which will have commondriveways to .service these lots. :: There had been a lot of controversy about the-use-of the "common lot" A. uecemoer io, iyou .c "V ,6LIC HEARING - Subdivision #454 (continued) s to how it should be used. The petitioners believe the most sensitive area near he water can be left open and the other ground be used as tennis courts. They also .. resented a plan showing the entrance area where there is an existing drainage easement. : hey are planning to modify the town easement and make it a kidney-shaped pool to ontain the drainage in the area. This is on the front of Lot .l , and will be creating S little trail connecting this area 'co the natural walk that already exists, around the '.� ranberry. bogs. Ir. Steven Jones, Attorney for the pet1tioners'explained that as a result of the concern {; --)f the abuttors over the use of the common lot, they had hired an attorney who partici- -xv ;dated in the design and- use of the common lot. There will be a conservation easement {laced on the Common Lot. He also presented a petition with the signatures of 65 abuttors n favor of this plan as modified. The petitions supports both the over all concepts ,•t .nd the common lot concept . The easement will be recorded after they have obtained the r approval of the Conservation Commission, and the easement will secure the petitioners : = iabi1ity for the maintenance of the 'water"level °of the ponds. T„"+Io Rack Road; an abuttor questioned the layout and entrance of _ he road (access). He was informed there would be .a second access over the bog road. : 1he so' fitheh orranon driveways tthepanhandl.1 ots ar go_gt Abe rfaceds. Greta Bohannon,* Survdyor stated the plan had been done at 2 foot contours. Also, bog was at elevation 45 feet above MSL. . iLz 1..z:t ,,. „F 1-n or lotsV25,24 & 23. She had thought it was within 2 feet of the property line. She ias informed otherwise. lave McCarthy of Osterville wanted to know the relationship between the frontage on Mystic Lake and the subdivisions, and was informed that Mr. Hostetter sold the frontage in Mystic Lake to United Cranberry, and did not preserve any rights in this land for Amself. 't. Marion Oldam of River Road wanted to know if any studies had been done as to how long it will take for the sewer systems in this subdivisions to drain .into the bogs. Ir. Lawrence answered that it had been- taking Cape Cod a long time to. deal with this juestion and there were no specific answers to this question at present. Ir. Rosario questioned why Lot 1 was labeled as such if it was going to be a walkway and 'Ireenbelt area. Ms. Bohannon stated that it was not supposed to be that way. Ir. Charles Crocker questioned whether the proposed 7% grade is 2 % more than it was Qupposed to be. The .Board stated they could have a 10% grade. They are coming in with i 1% grade for 200 feet and then go to a 7% grade. ear'. Ir. Morris Phillips wanted to know whether the Makepeace Licenses, 'as far as draining the water, were still in effect. He was informed they were as they run with the land. ' rs. Crocker wanted to know if the subdivision road was going to follow the road there .ow that leads to the bog. Mrs. Bohannon answered "no", the road is not existing at he present time. Mrs. Crocker also wanted to know how far the road was going to be .`rom Turtle Back Road, at the entrance. It was stated about 176 feet. i January 5, 1981 Subdivision #316 - Thacher Holway Road- .Ms. Nancy Trafton was present for her aunt, Hilda Trafton. She thought the Board voted to release the $4,000 cash security, being held by the Town, pending meeting with Mr. Terry Ryder to find out exactly what the situations is. Mrs. Grafton-Rodgers read the minutes of the December 1 , 1980 meeting when this release was originally discussed. The owners are still trying to figure what .the best sblution is for the Town, as regards to pavement outside the road layout. Mr. Ryder will put in writing that he had been out to the site with Miss Trafton. He was also requested to put in-writing what is left to be done before the other two lots can be released. Eliza Childs Lane - Request release of Lot. 51- Mr. Ryder stated he thought it was all right to release this lot and hold the twenty-two(22) lots still not released. It was voted unanimously. Old Jail Lane - Mr. David Brush - request by letter from his Attorney Richard Burling to release the conditions placed' by the Board on this ANR Plan when it was endorsed. He felt as though he was treated unfairly as other ANR plans on this road were not required to construct the road before the release of the lots. This is a Town Way. . He has sold two lots. He was going to widen and gravel the road. Mr. Murphy suggested he get a letter from Fire Chief Jack Vettorino and Police Chief Neil Nightingale stating whether the road is passable in an emergency. Cummaquid Heights - Lot 99, Merion Way = Mr. McAbee requests release of this lot, as Merion Way is now a Town Way. Mr. Murphy stated this lot was part of a covenant on the whole subdivision. Mr. Lockhart suggested that Terry Ryder to out and investigate and bring in the information for the next meeting. CT Realty Subdivision, Off Old Falmouth Road, Marstons Mills & ANR, Estate of Louis Byrne, Route 132, Hyannis - It was voted unanimously to update the signatures on these plans, as they had not been recorded within the six months time limitation. Baird Way - Alan Small , Developer has requested the Town release the Cash Security being held for the sidewalks on Monomoy Circle and use the money for improvements on Prince Hinckley Road,as he did not think it was necessary to construct the sidewalks in this area. Mr. Rosario moved the Board authorize the transfer the money that the Board is holding for the sidewalks on Monomoy Circle into a drainage account for the drainage at Baird Way and Prince Hinckley and any other drainage problems that Alan Small has, subject to a written agreement from Alan Small . It was voted unanimously. Subdivision #454'1'�"`Whistleberry ""Hostetter. -- Preliminary report from the Conservation Commission regarding this plan was read by Mrs. Strayer, which indicated the Commiss ion was satisfied with the plan, but the petitioners will have to file for any construction near the bogs. Terry Ryder reported he had met with Ms. Bohannon and Deane Lawrence as regards the. drainage calculations, but still has not had a final plan submitted. Mr. Rosario stated he had been out there two weeks ago with Mr. Hostetter, and he does not see anything wrong with it. Mr. Ryder also discussed the 7% grade in the road that they would like to use. He had been over the plan, and they have a minor road going in there, which only has to be 22 feet wide with a maximum grade of 9%. They are making a grade of 6.9%. Moti..n by:aJohn.,Rosar o" to!approve the plan, subject to complying with the Subdivision Rules'1& Regulations'. -'It"'was voted unanimously: Zoning Changes Mary Ann Strayer related to the Board that she had received a telephone call from some residents in the East End in regard to the condominiums planned for School Street. They would like to talk about rezoning the area. It is zoned for apartments at present. JosEPH D. DALuz 790-6227 Building Commiuiontr ' TELEPH0NE0CIMffXXMX N3QQ[ xm TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 February 14, 1991 TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissione SUBJECT: Lot 'Releases/Whistleberry The.. subject eighty one:.(81) lot subdivision was approved by the Planning Board.January 5, 1981. The policy of. Planning Board "sign offs" on the building permit application was established by this office and the policy is still in effect. The cooperation of both departments is imperative to insure .public and private protection. Our records indicate that fifty one (51) building permits have been issued to date. However, even with our sign off "safety net" one . (1) building. per- mit. was 'issued in October, 19.85 without the necessary Planning Board release. An attorney could have noted this discrepency in his title search. . The system of "sign offs" works well and will continue in effect until such time as a better method is established. cc:. R. Schernig -- s ay., << i 2 ) Subdivision 8454 Whistleberry; Marstons Mills Lot Map Parcel Lot Map Parcel 01 46 135 41 62 50 V�rr— A47, i 02 46 136 ,/ 42 62 51 ✓ 03 63 82 ✓ 43 62 52 V. 04 63 83 )ACA0,- . —44 62 53 ✓ 05 63 84 ✓ 45 62 37 ✓ 06 63 .85 VACq�/> ✓ 46 62 38 V� 07 63 86 e✓ 47 62; 22 Vpg4 Vr 08 63 87 . ✓ 48 62 23 ✓ 09 63 88 49 62 24 10 63 89 ✓ 50 61 39 ✓ 11 63 90 51 61 54 ✓ 12 63 91 VACANT ✓ - 52 61 55 Vx- 13 63' ' 92 ✓ 53 62 49 ✓ . 14 63 93 ✓,�CA�J7- 54 62 48 V4C4,Al?r. 15 62 11 ,/ 55 62 47 VgCAJVr 16 62 12 56 62 46 VCfl 17 62 13 v 57 62 45 V%�fx1'� i 18 62 14 VPCANT ✓ 58 62 44 19 62 15 e/59 62 42 VACA,Nj 20 62 16 V/ 60 62 43 ✓ 21 62 25 iV*RA1 ✓ 61 61 53 ei . 22 62 26 VgCgtir 62 61 52 VgCgrv7- 23 62 2-7 63 61 51 VI"7CtU� 24 62 28 64 61 50 VjqCl�A/r j/ 25 62 29 '� 65 61 49 1 26 62 30 66 61 48 ✓27 62 31 ✓ 67 61 47 28 62 32 ,/ 68 61 46 F/ 29 62 34 '� 69 61 45 30 62 33 vj4C,Af7- 70 61 44 v 3 1 62 17 MCq'✓T. 71 61 43 t/ 32 62 18 72 61 42 3 3 62 19 73 61 41 34 62 20 --74 61 40 v 35 62 21 Vim' a-' --75 61 56 ,✓3 6 62 35 ✓ 76 61 57 .✓37 62 36 ,0 77 45 47 . JACAV;7- ✓38 62 39 ✓ .78 45 48 I ✓ 39 , 62 40 ✓ 79 45 18 4PM,, ,i 40 62 41 V/-C4TI- .80 4 5 19 �/ 81 _ 61 38 Vq C, w SUBDIVISION 4454 - "WHISTLEBERRY", MARSTONS MILLS LOT RELEASE HISTORY. LOT . 01 05- 19-83 & 01-24-86 02 12- 11-84 03 05- 19-83 & 01-24-86 04 12=01-83 05 08-21-84 . 06 03- 19-82 & 02- 10-84 (FIRST RELEASE-PUT BACK UNDER COVENANT- IN THEORY 0.2/15/83.) 07 03-08-84 08 05- 19-83 & 01-24-86 09 03-08-84. 10 03- 19-82 11 03-03-82 , 12 13 08-05-81 14 03- 19-82 & 03-08-84 15 . 07- 19-84 16 03-08784 17 12- 16-85 18 10-21-81 , 19 12- 16-85 20 06- 18-85 & 04724-86 21 22 12-09-81 & 03-08-84 23 02- 10-84 24 02- 10-84 ' 2 i i r 25 04-04-89 26 04-07-81 27 10-21-81 28 12- 11-84 29 11-09-84 30 05- 19-83 31. 32 10-21-81 33 07-14-82 34 02- 15-83 35 05-19-83 & 01-24-86 36 03-08-84 & 08-21-84 37 05-30-86. 38 10-21-81 39 10-21-81 40 06-24-81 & 10-21.-81 41 01- 18-82 42 10-21-81 43 10-21-81 . . 44 03-03-82 . 45 12-11-84 ., 46 12-01-83 47 04-27-84 48 04-24-86 49 06-18-85 50 06-24-81 51 03-19-86 3 52 53 03- 10-86 54 12- 16-85 55 56 04-27-84 . 4 . 57 10-21-81 58 10-21-81 59 60 61 62 08-03-83 63 12- 10-85 OR 12-16-85 64 65 10-21-81 66 10-21-81 & 06-18-85 67 03- 19-82 68 07- 19-84. 69 12- 16-85 70 05-20-81 71 05-'19-83 & 01-24-86 72 05- 19-83 8 01-24-86 73 74 12- 10-85 & .12-.16-85 75 02- 10-84 . 76 02-25-81 .77 03- 19-82 78 03- 19-82 4 79 03- 19-82 80 03- 19-82 AS 10/ 16/89, THE FOLLOWING LOTS REMAIN UNDER COVENANT ACCORDING TO THE RECORDS IN THE SUBDIVISION #454, WHI.STLEBERRY FILE: 12, 21 , 31 , 52, 55, 59, 60, 61 , 64, 73 BARBARA HARRIs ATTORNEY AT LAW 1064 ROUTE 6A WEST BARNSTABLE,MA 02668 MAIL:P.O BOX 719 TELEPHONE WEST BARNSTABLE,MA 02668 508-362-8633 I July 12, 1990 . Planning Board Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Whistleberry Subdivision Dear Board Members: We have now completed our work at the Registry of Deeds and find that releases of covenant have not been recorded for the following lots: . I s ee, 12, 21, 31, 34, 49J 50, 52, 55, 59, 60, 61, 64 and 73. This agrees with the list of the Planning Board with the exception of Lots 34, 49 and 50. It is possible that the releases for these lots were in fact issued but just never recorded. Would you please let me know if there is anything further you want with regard to this matter, such as the names of the owners of the unreleased lots or the title reference for the recorded releases. Very truly yours,. Barbara Harris . be cc: Robert D. Smith, Town Attorney RECEIVED J U L 1 6 1990 PLANNING BOARD TO_WN ,OF BARNSTABLE PLANNING BOARD RELEASE OF LOTS UNDER COVENANT—' Barnstable, - Massachusetts. JULY 10 19 90 The undersigned, .being an authorized agent •of the Planning Board of Barnstable, Massachusetts, hereby certifies that the following lots owned by DANIEL C. HOSTETTER ET AL ► securing the Covenant dated FEBRUARY 3 19 81, and recorded in Barnstable District. Deeds, Book 3239 Page 300 (or. registered on Certificate of Title No. , .Document# ) , and shown on a plan entitled" WHISTLEBERRY PLAN OF LAND IN BARNSTABLE, MARSTONS_ MILLS_, MASS. and recorded with said Deeds, ' Plan .Book 349 Page 53-63 (or registered in said Land .Registry District, L. C. # ) , are hereby released from the restrictions as to sale and building specified in said Covenant. Said lots are designated on said plan as follows: 49 . SUBDIVISION# 454 �-•- Authorized Agent Planning Board of the Town of Barnstable COMMONWEALTH OF MASSACHUSETTS Barnstable, Massachusetts, . ss JULY 10 19 90 Then personally appeared BERNARD WILBER an authorized agent of the Planning Board of the Town of Barnstable, Massachusetts and acknowledged the foregoing instrument. to be the free act and deed of said Planning Board, before me. N ARY PUBLIC After recording, return to: My commission expires: S Town of Barnstable Planning Board Town Hall 367 Main Street Hyannis, Ma. • 02601 Form G. Rev. 3/30/88 Subdivision .#454 Whistleberry; Marstons Mills Lot Map Parcel Lot Mae Parcel '01 46 135" 41 62 50 i 02 46 136 ,/ 42 62 51 ✓ 03 63 82 ✓ 43 62 52 v 04 63 83 YACAN7 —44 62 53 ✓ 05 63 84 ✓ 45 62 37 . ✓ 06 63 85 V�c4AIr ✓ 46 62 38 V 07 ` 63 86 ✓ 47 62 22 08 63 87 ' ✓ 48 . 62 23 ✓ 09 63 88 49 62 24 ✓ l0 63 89 ✓ 50 61 39 ✓ 11 63 90 l/ 51 61 54 12 63 91 ✓fCAN,7- ✓' 52 6.1 55 I .*mot r 13 63 92 ✓ 53 62 49. ✓ 14 63 93 ✓x9CAA17-- ✓ 54 62 48 VgcN7� 15 62 11 ,/ 55 62 47 V,4c x r ,% '16 62 12 • 56 62 4 6 'V4CAA)`" 17. 62 .13 ✓ 57 62 45 C*lAlr 18 62 14 Vg COW 7 ✓ 58 62 44 . 19 62 15 a/59 62 42 VAC,gVr 20 62 16 v' 60 62 43 Vjr— p7 ✓ 21 62 25 --.61 61 53 . 22 62 26 VqC#Avz' 62 61 52 VjCAA17 23 62 27 - 63 61 51 `✓qC-4A7'- 24 62 28 --"r64 61 50 V,4ejA/r— �/ 25: 62 29 '� 65 61 49 / 26 62 30 ✓ 66 61 48 -�27 62 31 ✓ 67 61 47 �28 62 32 ,/ 68 61 46 29 62 34. "� 69 61 45 30 62 33 Vj4CgXrr . ` - 70 '61 44 ri 31 62 17 VAeAA1T 71 61 43 32 62 18 '72 61 42 ✓33 62 19 ✓' 73 61 41 34 62 20 ,-74 61 40- v 3 5 62 21 V '��.� '--7 5 61 5 ,91 ,/3 6 62 35 . 7 6 61 5 7 ✓37 62 36 ,/ 77 45 47 jli9C IA17" ✓38 62 39 ✓ 78 45 48 QAt`j . ,/3 9 62 40 7 9 45 18p/yjif ,i 40 62 41 VqC4�rl- 80 45 19 r%81 61 38 ✓� ' THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) I M A ,k ,-, I / �C(�� L DATA CAIR0, ,i' SULLIVAN; DEBRA �l ac � •, i fog �s Permijjfor Story................. 41 .................... =' tr w ry Location ......Lot�a6l , 51 Whistleherry Drive.• _ ° .................. .k>dfl.�. ?.. Mills................. - , VGI yam/ •+�� /� ,�, fill 11�• I �. ?-Owner ....A�bS .. 11iy n r- p••Careiro........... ✓ ! M 'Type of Construct one ..... r2me.........:............J, ' ..................................... .•.......................... . Plot ............................. LotA................................ 7 _j j 0 'F 1' Permit lGrant ed .';October 22,'•_ ................. ,r, } ' Date of Inspection2:1,;/ :..�� '.,c/'. ... . !r n G ..... D ate_Com�{eted ............ �'' ., S;,•, / G, �,: �- �, ;. C r- `;:•(7 r* 0A v =•r _ t n 30.. NILr "f mc m a N ., � / � �• zSti� S S I 5 ... Qo. RACE LN. m 2>� ROAD �oqo \➢ �,� i �� LOCATION 'MAP FOR REGISTRY USE ONLY ' R ' I �J 12i CT fW ° -- - 22' SS r W; /,6� 23 R 111Y57 C I°` :i ---- ... .. L/UrE �. .,....... , R - \ ' ' • ... 1 ' 30 \ 3�/ _36, JOT J;4 \ J5� Ilk 41 37 38 , �•--t , �, , , _ ICI M/DOLE mid POND 7 J7�� 778 �Y l ,;j,,— �¢g;� 46 � �a �o —�•—.> - �• ter: ----- I I 1 :«64 1 6J� I ' -61 L -----I i 1 63p I ' 74 r62 �.R 1 - - 1. f;------i-- I i _--_�--' '' '' Cot/ �Yr ."•+� / �� cs 72•� 7/. '•�1------- I ,; MILLS 76' �V I I CERTIFY THAT ,THIS PLAN CONFORMS TO THE 1976, RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE REGISTERED LAND SURVEYOR 1po Allow DATE APPROVED I - S' �� SUBDIVISION PLAN OF LAND IN MARS TONS MILLS, BARNS TABLE, MASSACI IUSE I I DATE SIGNED 2 z / �� I' NOVEMBEIR 1980 SCALE'; I.. = 200 DA1 STA PLANNING BOARD o zao aoo Boo eoo l000 Izoo BOHANNON LAND SURVEY ICO. CLERK OF THE TOWNOF 99 PLEASANT ST. PERIMETER BY EDWARD E.KELLEY B MERCI BARNSTABLE,HEREBY CERTIFY THAT THE NOTICE OF WEST BRIDCEWATER,MASS', ENGIINEERING CORP. � .. APPROVAL OF THIS PLAN BY THE BARNSTABLE PLANNING i PHOTOGRAMIMETRY BY COL—EAST. BOARD HAS BEEN RECEIVED AND RECORDED AL THIS ,y✓�`' OFFICE ANCI NO APPEAL WAS RECEIVED DURING THE ,`"" -" CONCEPT AND LAWRENCE,PRELIMINAR DESIGN BY TWENTY DAYS NEXT AFTER SUCH RECEIPT AND isi\ DE ACNE LAW RENCE, M.L.A. RECORDING OF SAID NOTICE. j , °•�` I'fj f;nl ful Mn .. _..__ 1 ' 1H9 RY Qllf 1I M NrI1lnrJrlrlll•u� c 4 w 2�. 3 Rojo R016 ' LOCATION MAP FOR REGISTRY USE ONLY 9 q /U 17, 5 /2 I I t /`f �•O I )- /8 /7 '� R E --- 5�{ 0 oi- W; --- ./6 �. 23� 22R nijsric �! ------- � ..-1 L/1/rE /9 24 _ J. .. �28 29 3U 1- 3/ 36 32� 33 34 J5 37 38 R 39 ; \ P Y (It 59 A .� �� — 48 45 42 60 .Y� •� 41i POND T �r`� \ 49 N , , 77 - - I I 1 6� -----L - I 66�-------1� _ 74 62R R67 I. I68 -------i---I--� _�—_--' � [o1f .vim ,•,--...,.,� < 69 yr/ _i�� i I � I •1 III .7J,�. t/ . _ • ; C 70 �`� i l...I- ,-.....- I .... 77) /�Q • I � I CERTIFY T114T THIS PLAN CONFORMS TO THE 1976 RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE REGISTERED LAND SURvEYUR T�9O 4/ Ff3 7� Tl DATE APPROVED I S- d! SUBDIVISION PLAN OF LAND IN NIARS.'I ONS MILLS, BARNS IABL.E, Nlk\SSACI IUSE I I DAZE SIGNED z Z / 8 I • �. NOVEMBEIR 1980 SCALE'; I;• = 200 UAI STA 1= PLANNING 130ARU o zoo �� 5O0 Boo loon IZDo /f BOHANNON LAND SURVEY ICO. ( � ✓-�C � I, E .{11LC� CLERK OF THE TOWN OF 99 PLEASANT ST. PERrh'ETER EE FOV+nnO E KEIIEr B rnEnCl +�P BARNSTABLE.HERESY CERTIFY THAT THE NOTICE of -WEST BRIDGE WA TER,MASS,'. ENGIINEE RING COItP APPROVAL OF THIS PLAN 0Y THE BARNSTABLE PLANNING 1 ` pI10TOGnAIraMETnY BY COL—EAST BOARD HAS BEEN RECEIVED AND nECORDED AT• THI9 } I OFFICE ANd NO APPEAL WAS RECEIVED OVnINO THE CONCEPT [aNp PRE UhuNA , DESIGN BY :'�•.•�` r:,• DEMNE LnwnENCE MLA. TWENTY DAYS NEXT AFTER SUCH RECEIPT AND is t �. . I'nECOnpINO OF Sn10 NOTICE. 1 � f,nl rul nrnTNq Or nur I r M Rnnnnnn,l,n i 1 QQ. ACE LN Ict d p m OV . m � cq ,T f 2 I�Q�O Pogo : If LOCATION MAP r FOfi REGISiR USE ONLY �9 12/ .12 I R ! W� ---- /6 23� 22R nMrsric r°\ ---- 25 R 2/� — R , 27 �28 29 30 �� 3/•y -3 R '37` 8 :39 40 60 �,��` ��•' �' ��—�`-';'k, —`�- [ t �`158 M/DOLE 14,49"1 73 PONo 19 80� 6T 65 Tz ------� --- _ % 74 '62R R67 ' 7-3 72 s L--- 69 ,.tom � i I , i ( ''•.• �� _ _ I CERTIFY THAT THIS PLAN CONFORMS TO THE 1976 RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. - SUR VEYOR REGISTEREO LAND,� DAT E TO DATE APPROVED I — S- • SUBDIVISION PLAN OF LAND IN MARS-IONS MILL5, BARNSTABL.E, MASSACI IUSEJ I DATE SIGNED I' NOVEMBEIR 1980 SCALE; I:, = 200 L3AI STA PLANNING BOARD O z00 aoo Boo eoo l000 Izoo —. BONANNON LAND SURVEY ICO. u� =.CLERK OF THE TOWN OF 99 PLEASANT ST. PERIMETER BY EDWnnO E.KELIEY 0 MEnW BAnNSTABLE,HEREBY CERTIFY THAT THE NOTICE OF 'WEST BRLDGEWATER,MASS,. ENGIINEEnING COMP O.i. APPROVAL OF THIS PLAN BY THE BARNSTABLE PLANNING I PHOTOGRAIlAMEi RY BY COL—EAST, BOARD HAS BEEN RECEIVED AND RECORDED AT THIS -- OFFICE AND NO APPEAL WAS RECEIVED OURINO THE ,�!f°. CONCEPT MND PRE LIMu7ARY DESIGN BY l r- .•4r TWENTY DAYS NEXT AFTER SUCH RECEIPT AND DE 41NE LAW HENCE, M L.A. RECon(DINO OF SAID NOTICE. ; "'�;"�' I� (:Al rill At w)Nq nY nllr tr M IPIIIA1111nN,I. ' i